[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Rules and Regulations]
[Pages 30216-30219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12226]



40 CFR Part 52

[EPA-R01-OAR-2009-0696; FRL-9673-4]

Approval and Promulgation of Air Quality Implementation Plans; 
Maine; Reasonably Available Control Technology (RACT) for the 1997 8-
Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: EPA is approving several State Implementation Plan (SIP) 
revisions submitted by the State of Maine Department of Environmental 
Protection. These SIP revisions consist of a demonstration that Maine 
meets the requirements of reasonably available control technology 
(RACT) for oxides of nitrogen (NOX) and volatile organic 
compounds (VOCs) set forth by the Clean Air Act (CAA) with respect to 
the 1997 8-hour ozone standard as well as several new and revised VOC 
regulations. The intended effect of this action is to approve Maine's 
RACT demonstration for satisfying the State's RACT SIP revision 
obligation as of September 15, 2006, and to approve Maine's other 
submitted SIP regulations. This action is being taken in accordance 
with the CAA.

DATES: Effective Date: This rule is effective on June 21, 2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2009-0696. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
www.regulations.gov or in hard copy at the Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if 
at all possible, you contact the contact listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 
a.m. to 4:30 p.m., excluding legal holidays.
    Copies of the documents relevant to this action are also available 
for public inspection during normal business hours, by appointment at 
the State Air Agency: Bureau of Air Quality Control, Department of 
Environmental Protection, First Floor of the Tyson Building, Augusta 
Mental Health Institute Complex, Augusta, ME 04333-0017.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square--Suite 100, (Mail Code: OEP05-02), Boston, 
MA 02109-3912, telephone number (617) 918-1660, fax number (617) 918-
0660, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    The following outline is provided to aid in locating information in 
this preamble.

I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    On March 15, 2012 (77 FR 15329), EPA published a Notice of Proposed 
Rulemaking (NPR) for the State of Maine. The NPR proposed approval of 
Maine's RACT demonstration for satisfying the State's RACT SIP revision 
obligation as of September 15, 2006 and proposed approval of Maine's 
five other submitted SIP regulations aimed at reducing VOC emissions. 
Amongst Maine's other submitted SIP regulations are two amended 
regulations and one newly adopted regulation, covering a total of four 
of the 11 Control Techniques Guidelines (CTGs) issued since 2006. The 
state must still address the remaining seven CTGs.
    A detailed explanation of the applicable NOX and VOC 
RACT CAA requirements with respect to the 1997 8-hour ozone standard, 
as well as EPA's analysis of Maine's RACT SIP submittal and Maine's 
other VOC regulations were provided in the NPR and will not be restated 
here. No public comments were received on the NPR.

II. Final Action

    EPA is approving Maine's RACT demonstration as meeting the state's 
SIP revision obligation as of September 15, 2006 with respect to the 
1997 8-hour ozone standard. EPA is also approving and incorporating 
into the Maine SIP an amendment (A-459-71-D-A, also referred to as 
``Amendment 2'') of the Air Emission License A-459-72-B-R 
issued to the McCain Foods USA, Inc., Tatermeal facility.
    In addition, EPA is also approving the following Maine regulations 
and incorporating them into the Maine SIP: Revised Chapter 131, Cutback 
Asphalt and Emulsified Asphalt Regulation; revised Chapter 123, Control 
of Volatile Organic Compounds from Paper, Film and Foil Coating 
Operations; revised Chapter 129, Surface Coating Facilities; revised 
Chapter 152, Control of Volatile Organic Compounds from Consumer 
Products; and newly adopted Chapter 161, Graphic Arts--Lithography and 
Letterpress Printing.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 

[[Page 30217]]

Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) 
because application of those requirements would be inconsistent with 
the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 23, 2012. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 8, 2012.
Ira W. Leighton,
Acting Regional Administrator, EPA Region 1.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:


1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart U--Maine

2. Section 52.1020 is amended by:
a. Amending the table in paragraph (c) entitled ``EPA-Approved Maine 
Regulations'' by revising entries for Chapters 123, 129, 131, and 152, 
and adding a new entry in numerical order for Chapter 161.
b. Amending the table in paragraph (d) entitled ``EPA-Approved Maine 
Source Specific Requirements'' by adding a new entry at the end of the 
table for McCain Foods.
c. Amending the table in paragraph (e) entitled ``Maine Non 
Regulatory'' by adding a new entry at the end of the table for 
Reasonably Available Control Technology Demonstration (RACT).
    The revisions and additions read as follows:

Sec.  52.1020  Identification of plan.

* * * * *
    (c) EPA approved regulations.

[[Page 30218]]

                                         EPA-Approved Maine Regulations
                                                         State effective
          State citation              Title/subject           date          EPA approval date     Explanations
                                                  * * * * * * *
Chapter 123......................  Control of Volatile        05/18/2010  05/22/2012 [Insert
                                    Organic Compounds                      Federal Register
                                    from Paper, Film,                      page number where
                                    and Foil Coating                       the document
                                    Operations.                            begins].
                                                  * * * * * * *
Chapter 129......................  Surface Coating            04/16/2011  05/22/2012 [Insert
                                    Facilities.                            Federal Register
                                                                           page number where
                                                                           the document
                                                  * * * * * * *
Chapter 131......................  Cutback Asphalt and        09/15/2009  05/22/2012 [Insert
                                    Emulsified Asphalt.                    Federal Register
                                                                           page number where
                                                                           the document
                                                  * * * * * * *
Chapter 152......................  Control of Volatile        12/15/2007  05/22/2012 [Insert
                                    Organic Compounds                      Federal Register
                                    from Consumer                          page number where
                                    Products.                              the document
                                                  * * * * * * *
Chapter 161......................  Graphic Arts--             04/06/2010  05/22/2012 [Insert
                                    Offset Lithography                     Federal Register
                                    and Letterpress                        page number where
                                    Printing.                              the document
                                                  * * * * * * *

    (d) EPA-approved State Source specific requirements.

                                 EPA-Approved Maine Source Specific Requirements
                                                         State effective
          Name of source                Permit No.            date          EPA approval date     Explanations
                                                  * * * * * * *
McCain Foods USA, Inc., Tatermeal  Amendment 2 of Air                             Federal Register
                                    Emission License A-                    page number where
                                    459-72-B-R.                            the document

     (e) Nonregulatory.

                                              Maine Non Regulatory
                                       Applicable        State submittal
   Name of non regulatory SIP        geographic or       date/effective     EPA-approved date     Explanations
            provision              nonattainment area         date
                                                  * * * * * * *
Reasonably Available Control      Statewide..........  Submitted 08/27/    05/22/2012 [Insert
 Technology Demonstration (RACT)                        2009.               Federal Register
 for the 1997 8-hour Ozone                                                  page number where
 National Ambient Air Quality                                               the document
 Standard.                                                                  begins].

[[Page 30219]]

[FR Doc. 2012-12226 Filed 5-21-12; 8:45 am]